Protecting Vulnerable Newborn and Infant Children
| Published date | 02 October 2020 |
| Citation | 85 FR 62187 |
| Record Number | 2020-21960 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 85 Issue 192 (Friday, October 2, 2020)
[Federal Register Volume 85, Number 192 (Friday, October 2, 2020)]
[Presidential Documents]
[Pages 62187-62189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21960]
Presidential Documents
Federal Register / Vol. 85 , No. 192 / Friday, October 2, 2020 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 62187]]
Executive Order 13952 of September 25, 2020
Protecting Vulnerable Newborn and Infant Children
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Purpose. Every infant born alive, no matter
the circumstances of his or her birth, has the same
dignity and the same rights as every other individual
and is entitled to the same protections under Federal
law. Such laws include the Emergency Medical Treatment
and Labor Act (EMTALA), 42 U.S.C. 1395dd, which
guarantees, in hospitals that have an emergency
department, each individual's right to an appropriate
medical screening examination and to either stabilizing
treatment or an appropriate transfer. They also include
section 504 of the Rehabilitation Act (Rehab Act), 29
U.S.C. 794, which prohibits discrimination against
individuals with disabilities by programs and
activities receiving Federal funding. In addition, the
Born-Alive Infants Protection Act, 1 U.S.C. 8, makes
clear that all infants born alive are individuals for
purposes of these and other Federal laws and are
therefore afforded the same legal protections as any
other person. Together, these laws help protect infants
born alive from discrimination in the provision of
medical treatment, including infants who require
emergency medical treatment, who are premature, or who
are born with disabilities. Such infants are entitled
to meaningful and non-discriminatory access to medical
examination and services, with the consent of a parent
or guardian, when they present at hospitals receiving
Federal funds.
Despite these laws, some hospitals refuse the required
medical screening examination and stabilizing treatment
or otherwise do not provide potentially lifesaving
medical treatment to extremely premature or disabled
infants, even when parents plead for such treatment.
Hospitals might refuse to provide treatment to
extremely premature infants--born alive before 24 weeks
of gestation--because they believe these infants may
not survive, may have to live with long-term
disabilities, or may have a quality-of-life deemed to
be inadequate. Active treatment of extremely premature
infants has, however, been shown to improve their
survival rates. And the denial of such treatment, or
discouragement of parents from seeking such treatment
for their children, devalues the lives of these
children and may violate Federal law.
Sec. 2. Policy. It is the policy of the United States
to recognize the human dignity and inherent worth of
every newborn or other infant child, regardless of
prematurity or disability, and to ensure for each child
due protection under the law.
Sec. 3. (a) The Secretary of Health and Human Services
(Secretary) shall ensure that individuals responsible
for all programs and activities under his jurisdiction
that receive Federal funding are aware of their
obligations toward infants, including premature infants
or infants with disabilities, who have an emergency
medical condition in need of stabilizing treatment,
under EMTALA and section 504 of the Rehab Act, as
interpreted consistent with the Born-Alive Infants
Protection Act. In particular, the Secretary shall
ensure that individuals responsible for such programs
and activities are aware that they are not excused from
complying with these obligations, including the
obligation to provide an appropriate medical screening
examination and stabilizing treatment or transfer, when
extremely premature infants are born alive or infants
are born with disabilities. The Secretary shall also
ensure
[[Page 62188]]
that individuals responsible for such programs and
activities are aware that they may not unlawfully
discourage parents from seeking medical treatment for
their infant child solely because of their infant
child's disability. The Secretary shall further ensure
that individuals responsible for such programs and
activities are aware of their obligations to provide
stabilizing treatment that will allow the infant
patients to be transferred to a more suitable facility
if appropriate treatment is not possible at the initial
location.
(b) The Secretary shall, as appropriate and
consistent with applicable law, ensure that Federal
funding disbursed by the Department of Health and Human
Services is expended in full compliance with EMTALA and
section 504 of the Rehab Act, as interpreted consistent
with the Born-Alive Infants Protection Act, as
reflected in the policy set forth in section 2 of this
order.
(i) The Secretary shall, as appropriate and to the fullest extent permitted
by law, investigate complaints of violations of applicable Federal laws
with respect to infants born alive, including infants who have an emergency
medical condition in need of stabilizing treatment or infants with
disabilities whose parents seek medical treatment for their infants. The
Secretary shall also clarify, in an easily understandable format, the
process by which parents and hospital staff may submit such complaints for
investigation under applicable Federal laws.
(ii) The Secretary shall take all appropriate enforcement action against
individuals and organizations found through investigation to have violated
applicable Federal laws, up to and including terminating Federal funding
for non-compliant programs and activities.
(c) The Secretary shall, as appropriate and
consistent with applicable law, prioritize the
allocation of Department of Health and Human Services
discretionary grant funding and National Institutes of
Health research dollars for programs and activities
conducting research to develop treatments that may
improve survival--especially survival without
impairment--of infants born alive, including premature
infants or infants with disabilities, who have an
emergency medical condition in need of stabilizing
treatment.
(d) The Secretary shall, as appropriate and
consistent with applicable law, prioritize the
allocation of Department of Health and Human Services
discretionary grant funding to programs and activities,
including hospitals, that provide training to medical
personnel regarding the provision of life-saving
medical treatment to all infants born alive, including
premature infants or infants with disabilities, who
have an emergency medical condition in need of
stabilizing treatment.
(e) The Secretary shall, as necessary and
consistent with applicable law, issue such regulations
or guidance as may be necessary to implement this
order.
Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 62189]]
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
September 25, 2020.
[FR Doc. 2020-21960
Filed 10-1-20; 8:45 am]
Billing code 3295-F1-P
